DANIEL YAO AHUMA AND GHANA TEXTILES PRINTING LTD. [2001]DLCHRAJ6035

Date	2001-03-22
Suit No.	Our Ref: CHRAJ/964/2001/1097
Citation No.	[2001]DLCHRAJ6035

BENJAMINK. OPPONG

[2001]DLCHRAJ6035
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050">DANIEL YAO AHUMA<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050">GHANA TEXTILES PRINTING LTD.<o:p></o:p>(RESPONDENT)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">(CHRAJ)<o:p></o:p>

Our Ref: CHRAJ/964/2001/1097&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 22/03/2001<o:p></o:p>

</div>commissioner:<o:p></o:p>BENJAMINK.
OPPONG DEPUTY COMMISSIONER (LEGAL/OPERATIONS) FOR COMMISSIONER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

<p class="MsoNormal" align="center" style="text-align:center;mso-pagination:none;
border:none;mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">DECISION<o:p></o:p>

</div>The Complainant in a petition dated 21st
December, 2000 stated that he was employed by the Respondent Company on 30
April, 2000 on six (6) months probation as Transport Manager.<o:p></o:p>According
to the Complainant his annual salary was later adjusted to $14,000,000.00 with
effect from 1st October, 2000 by a letter dated 4th October, 2000 in
recognition of his diligent work.<o:p></o:p>He
further stated that at the end of the six-month probation period, he was not
served with a confirmation letter nor served with notice extending the period
of probation. Suddenly, he was served with a termination letter dated 1st
November, 2000 to take effect from 10th November, 2000. As at that time,
Complainant stated that he had been working for 8 months.<o:p></o:p>According
to the Complainant the Company paid only $4.6 million as Ex-Gratia which he
accepted under protest. He therefore, sought the Commission's assistance for
reinstatement or in lieu of damages of $50 million.<o:p></o:p>The
Respondent in a comprehensive reply explained that the employment of
Complainant was subject to a successful completion of a 6-month probationary period.
Two months prior to the end of the period his head of department recommended
that his probation be extended as his performance was below expectation.
Furthermore, a copy of this recommendation was made available to the
Complainant and discussed with him. As such he was not a confirmed employee of
GTP Co. Ltd. at the time of the termination of his appointment. A copy of the
said letter was attached and marked 'A'. The Respondent further explained that
the appointment couldn't be deemed to have been confirmed by mere passage of
time after he had been notified of his poor performance necessitating an extension
of his probation and various discussions held thereafter with him on the issue
by both the Group Human Resource Manager e and the Group Administrator Manager.
This is further buttressed by the fact that 5. his letter of appointment dated
9 March, 2000 stated categorically under paragraph 6 probation...... "On
confirmation you will be required to sign a contract with the Company. The
Complainant never signed any such contract of employment because he was never
confirmed. The termination letter informed him of management's decision not to
confirm him. Copies were attached marked Exhibits 'B' and 'C'.<o:p></o:p>In
respect of the salary increment, Respondent stated that the 17% general salary
adjustment referred to was an across-board salary increment which every Manager
received. It was not performance based but rather as described a general salary
adjustment to alleviate the effects of high inflation on salaries of employees.
This was very clearly stated in the letter advising the Complainant of the
adjustment. It was not therefore given in recognition of Complainant's
performance (copy attached and marked Exhibit 'D').<o:p></o:p>The
conditions of service spelt out in the offer of appointment which the
complainant accepted stated that the Company could terminate his appointment
without assigning any reasons upon giving one month's notice or paying one
month's salary in lieu of notice. Thus, the company was not obliged to assign
any reasons for termination.<o:p></o:p>From
the above facts, the issues to be determined are as fol</main>